RASIKBHAI RAVJIBHAI RANINGA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has prayed that the order dtd. 19/3/2020 passed by the learned Chief Judicial Magistrate, Bhavnagar, in Criminal Inquiry No.105 of 2019 as well as the order dtd. 30/3/2021 passed by the learned 6th Additional Sessions Judge, Bhavnagar, in Criminal Revision Application No.59 of 2020 be quashed and set aside.

(2.) Heard learned advocate Mr.Sandip M. Patel for the petitioner and learned Additional Public Prosecutor Mr.L.B. Dabhi for the respondent State.

(3.) Learned advocate for the petitioner has mainly contended that the present petitioner had filed a private complaint being Criminal Inquiry No.105 of 2019 before the concerned Magistrate Court for the alleged offences punishable under Ss. 420 and 34 of the Indian Penal Code against the three persons i.e. brother, sister-in-law and nephew of the complainant. Copy of the said complaint is placed on record at Page-19. It is submitted that the present petitioner had given total amount of Rs.1,01,500.00 in the year 1999 - 2000 to his brother for construction of house. At that time, all the accused have promised that the aforesaid amount would be returned back to the petitioner. However, though the aforesaid amount was demanded from time to time, the said amount was not returned and, thereby the accused have committed alleged offences punishable under the provisions of the Indian Penal Code . It is further submitted that after recording verification of the present petitioner - complainant, inquiry was conducted by the concerned Magistrate Court and during the course of inquiry, the present petitioner - complainant examined two witnesses, namely, two other brothers of complainant. Copies of the depositions are placed on record at Pages-23 and 24 of the compilation. It is further submitted that the petitioner has also filed separate list of documents before the concerned trial Court. However, the concerned trial Court after considering the depositions as well as the documentary evidence produced by the petitioner - complainant dismissed the said complaint under Sec. 203 of the Code of Criminal Procedure, 1973 ('the Code' for short). Against the said order, the petitioner filed Criminal Revision Application No.59 of 2020 before the Sessions Court. The Sessions Court has also dismissed the Revision Application of the petitioner - complainant by the impugned order dtd. 30/3/2021. The petitioner, therefore, has filed the present petition.